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REGULA v. DELTA FAMILY-CARE SURVIVORSHIP PLAN

No. 98-55853.

266 F.3d 1130 (2001)

Frank REGULA, Plaintiff-Appellant, v. DELTA FAMILY-CARE DISABILITY SURVIVORSHIP PLAN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 24, 2001.

Attorney(s) appearing for the Case

Lawrence D. Rohlfing, Santa Fe Springs, California, for the plaintiff-appellant.

Hunter B. Hughes, Atlanta, Georgia, for the defendant-appellee.

Before: BETTY B. FLETCHER, DOROTHY W. NELSON, and MELVIN BRUNETTI, Circuit Judges.

Argued and Submitted October 6, 1999 — Pasadena, California.

Opinion by Judge BETTY B. FLETCHER; Dissent by Judge BRUNETTI.

OPINION

BETTY B. FLETCHER, Circuit Judge:

Frank Regula appeals the district court's denial of his motion for summary judgment on his claim that the Delta Family-Care Disability Survivorship Plan ("Delta Plan" or "Plan") abused its discretion in terminating his disability benefits. Specifically, Regula contends...

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